Page 100 - IBC Orders us 7-CA Mukesh Mohan

Order Passed by Sec 7
Hon’ble NCLT Principal Bench
5. It is appropriate to mention that the debt advanced to the 'Corporate Debtor'

was assigned to the `Financial Creditor' vide Assignment Agreement dated 23.3.2015, 29.6.2015,
29.9.2015, 30.12.2015, 29.3.2016, 30.6.2016 and 28.2.2017. All these agreements have been placed on
record (annexure 7 cony). Accordingly the 'Financial Creditor' is fully qualified to file the application as

per the provision of section 5(7) of the Code. According to the aforesaid provision a 'Financial Creditor'
includes a person to whom a financial debt has been legally assigned or transferred to. Therefore no doubt

can be sustained concerning the competence of the 'Financial Creditor' to invoke the jurisdiction of the
adjudication authority cum Tribunal.

6. The 'Financial Creditor' has then disclosed in sufficient details the amount in
default along with the date on which the default occurred. The total amount of default for two types of
facilities "A' and 'B' is Rs.2081,44,52,368/-(Rs. Two thousand Eighty One crores Forty Four lacs Fifty

Two thousand Three hundred sixty eight only). The details of the default as on 23111 June, 2017 are as
under:

Name of the Amount of default Date of default
facility

Facility A Rs. 2556,96,76,008 ( Rs. Two 28th May 2014
thousand five hundred fifty six

crores ninety six lacs seventy
six thousand and eighty only)

Facility B Rs.244,47,76,360 (Rs. Two 28th May 2014
hundred forty four crores forty
seven lacs seventy six thousand

and three sixty only.)

Total Rs.2081,44,52,368/-

7. The working/computation of amount and days of default in tabular format along with the
statement of account maintained by the 'Financial Creditor' is enclosed herein as (Annexure 5)

8. In support of the claim the 'Financial Creditor' has placed on record the particulars of security
held, the date of its creation, its estimated value as per the 'Financial Creditor'. The detail of the security
interest created in favour of 'Financial Creditor' along with the certificate of registration of charge have

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